Bryan v. Donnelly
Supreme Court of South Carolina
Before Henry Mullins, Special J., Wiliamsburg, March, 1910. Action by W. D. Bryan against P. R. Donnelly. From judgment for plaintiff, defendant appeals on following exceptions: First.
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Before Henry Mullins, Special J., Wiliamsburg, March, 1910. Action by W. D. Bryan against P. R. Donnelly. From judgment for plaintiff, defendant appeals on following exceptions: First. “Because his Honor erred in charging the plaintiff’s first request as follows: “ ‘Where there has been for a period' of twenty years or more, a continuous adverse possession of land, either by a single person, or by a number of persons successively, such successive possession being connected' in law with each other by instruments of writing amounting to color of .title, the law will presume that such possession…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to recover the possession of land.
The defendant denied the allegations of the complaint as to ownership, and set up the defenses of adverse possession and presumption of a grant. The jury rendered a verdict in favor of the plaintiff for possession of the land, and the defendant appealed upon exceptions, which will be set out in the report of the case.
The following statement is set out in the record:
“It appears that Edward Whitte, once owned the land in dispute,- and that he died about the year 1850, that he left…
2Cases cited3 opinions
- Metz v. MetzSupreme Court of South Carolina · 1897
- Love v. TurnerSupreme Court of South Carolina · 1907
- Ritter v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
3Cited by2 opinions
- Williamson & Brown Land & Lumber Co. v. Mullins Lumber Co.Court of Appeals for the Fourth Circuit · 1918
- Brunson v. SportsSupreme Court of South Carolina · 1961